Disposition of Inventory and Work in Progress — Binding Forecast or Order. For any finished Inventory and work-in-progress held or controlled by Company and manufactured, built, assembled, replicated or procured (or that is being manufactured, built, assembled, replicated or procured) based on a binding forecast or purchase order, Company shall, at Microsoft’s written request and at Microsoft’s sole option: (A) deliver the finished Inventory and any work in progress to a location designated by Microsoft at Microsoft’s expense; (B) complete the work-in-progress and deliver it along with any previously finished Inventory to a location designated by Microsoft at Microsoft’s expense; or (C) dispose of the finished Inventory and work in progress in the manner designated by Microsoft in the applicable SOW or in writing. Microsoft shall pay Company the Fees and costs related to finished Inventory and work in progress disposed pursuant to this Subsection.
Appears in 2 contracts
Sources: Digital Distribution Agreement (Digital River Inc /De), Digital Distribution Agreement (Digital River Inc /De)